Code of Maine Rules
94 - INDEPENDENT AGENCIES
457 - FINANCE AUTHORITY OF MAINE (FAME)
Chapter 204 - SECONDARY MARKET PROGRAM
Section 457-204-1 - Definitions
Universal Citation: 94 ME Code Rules ยง 457-204-1
Current through 2024-38, September 18, 2024
A. Reference to Act Definitions. Certain terms used in this rule, which are defined in the Finance Authority of Maine Act, 10 M.R.S.A. §961 and following (the Act), shall have the meanings set forth in the Act, unless clearly specified otherwise or unless the context clearly indicates otherwise.
B. Defined Terms.
1. "Cap" means the maximum stated amount of
liability of the Authority under any Program Document, stated as such, to any
Holder.
2. "Certificate" means, as
appropriate or as the context may require, the instrument evidencing ownership
of an entire Guaranteed Portion or the instrument evidencing a fractional
undivided ownership interest in a pool of Guaranteed Portions, each of which
shall be an "insured certificate".
3. "Chief Executive Officer" means, the
Authority's chief executive officer or a person acting under the supervisory
control of the Chief Executive Officer.
4. "Eligible Loan" means a loan insured under
the Authority's Mortgage Insurance Program ("Chapter 101") or Small Business
and Veterans' Small Business Mortgage Insurance Programs ("Chapter 103'),
except asset-based or revolving working capital loans or any other working
capital loan which is not on regular amortization schedule for a period greater
than one year
5. "Fiscal and
Transfer Agent" or "FTA" means the Authority's agent in carrying out the
central registration, initial settlement, and paying functions with respect to
(i) The Guaranteed Portions sold
and
(ii) Certificates.
The FTA has the responsibility for issuing, on behalf of the Authority, Certificates.
6. "Guaranteed Portion" means that portion of
an Eligible Loan which has been insured by the Authority.
7. "Holder" is a person or organization other
than the originating Lender who holds the Guaranteed Portion of an Eligible
Loan with no servicing responsibilities. When a Lender assigns the Guaranteed
Portion to an assignee, the assignee becomes a Holder only when a Program
Document in substance and content acceptable to the Chief Executive Officer is
executed.
8. "Lender" is the person
or organization making and servicing an Eligible Loan. The Lender is also the
party requesting insurance of an Eligible Loan.
9. "Loan Insurance Agreement" means the
agreement between a Lender and the Authority to insure loans pursuant to the
Small Business and Veterans' Small Business Mortgage Insurance Programs or to
insure a specific loan pursuant to the Mortgage Insurance Program.
10. "Loan Insurance Authorization" means a
letter from the Chief Executive Officer to a Lender agreeing to insure a loan
to a Borrower on the terms and conditions and subject to the requirements
stated therein.
11. "Loan Note
Guarantee" means the agreement executed by the Chief Executive Officer setting
forth the obligations of the Authority to the Holder of a Certificate
evidencing either the Guaranteed Portion of an individual Eligible Loan or a
fractional undivided interest in a specific pool of Guaranteed
Portions.
12. "Program" means the
Secondary Market Program governed by this rule and the Act.
13. "Program Documents" mean any and all
instruments and documents acceptable in form and content to the Chief Executive
Officer prepared for use in and to effectuate the Program.
14. "Secondary Market" means any Holder which
acquires the insured portion of Eligible Loans insured by the Authority under
Chapter 101 or Chapter 103, or both, and those portions of the Act pursuant to
which those rules have been promulgated.
15. "Unguaranteed Portion" means that portion
of an Eligible Loan which is not insured or guaranteed by the
Authority.
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